Rule 2.19 Statement to be annexed to proposals

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 11.01-11.13 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 6(10)-CP(3) substituted by Insolvency 2000 rule 5
rule 2.19(1)(f) word omitted by Insolvency 2002 rule 6(4)(a)
rule 2.19(1)(fa) inserted by Insolvency 2002 rule 6(4)(b)
rule 4.056-CVL(2) words inserted by Insolvency 2006 Sch. 1 para. 22
rule 4.228A-4.228E inserted by Insolvency 2008 rule 5
rules 2.028-2.110 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.114-2.115 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.119-2.130 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.027-4.029 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.031-4.034 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.197-4.204 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.05-7.07 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.09-7.14 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.19-7.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.24-7.30 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.34-7.42 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.50-7.54 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 12.01-12.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

There shall be annexed to the administrator's proposals, when sent to the registrar under Article 35 and laid before the creditors' meeting to be summoned under that Article, a statement by him showing—

(a)

details relating to his appointment as administrator, the purposes for which an administration order was applied for and made, and any subsequent variation of those purposes;

(b)

the names of the directors and secretary of the company;

(c)

an account of the circumstances giving rise to the application for an administration order;

(d)

if a statement of affairs has been submitted, a copy or summary of it, with the administrator's comments, if any;

(e)

if no statement of affairs has been submitted, details of the financial position of the company at the latest practicable date (which must, unless the court otherwise orders, be a date not earlier than that of the administration order);

(f)

the manner in which the affairs and business of the company—

(i)

have, since the date of the administrator's appointment, been managed and financed, and

(ii)

will, if the administrator's proposals are approved, continue to be managed and financed; and

(g)

such other information (if any) as the administrator thinks necessary to enable creditors to decide whether or not to vote for the adoption of the proposals.

(2)

Where the administrator intends to apply to the court under Article 30 for the administration order to be discharged at a time before he has sent a statement of his proposals to creditors in accordance with Article 35(1), he shall, at least 10 days before he makes such an application, send to all creditors of the company (so far as he is aware of their addresses) a report containing the information required by paragraph (1)(a)-(f)(i).

[E.R.2.16]